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Subject: Fwd: TIP#72 - GUARDIAN BONDS & INDENTURES TO APPRENTICESHIP
Date: Thu, 31 Jul 1997 11:19:56 -0400 (EDT)
This is important for us and all that do research.
Print and keep in your notebooks.
Pat
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Forwarded message:
From: (Sandi Gorin)
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Date: 97-07-31 08:37:51 EDT
TIP#72 - GUARDIAN BONDS & INDENTURES TO APPRENTICESHIP
Thanks so much for all the comments about the KY Firsts! I like to
throw in something once in awhile that a little more on the "light" side.
I have gone through a lot of the books that contain often over-looked
information for the genealogist - and am continuing to do so on the county
holdings. But, I've had some questions that I thought I would lump
together here and maybe it will help.
GUARDIAN BONDS: We've discussed these before but maybe a little more
information will help. When one finds a Guardian Bond book in the County
Clerk's office, you might be surprised with the information. This is found
in all the offices I believe and it was a legal binding document that was
as it said a bond with bond monies required. We are quick to assume that
this meant that one or more of the parents were deceased ... and in a
large percentage of the cases, this was true. One of the parents might be
deceased, or both might be deceased.
In "A to Zax" by Barbara Jeans Evans, she states" Guardian: the
person who is appointed by the court to oversee 1) the affairs of a minor.
Many times a child of fourteen was considered capable of choosing a
guardian but, if the child was under fourteen, a mother alone was many
times not considered a guardian. Many times a guardian would be appointed
by the court until the mother remarried and the step-father would be
considered the guardian, 2) the business of a person deemed incapable of
handling his own affairs." Of the latter, you might find this is the
individual were considered handicapped, an "idiot", or for some reason
incapable of making sound business decisions.
There were also guardians ad litem. Ad litem means simply "during
the time of" or "for the period of" and is a clue that there is probably
in Circuit Court a case involving this individual (normally a youth) -
most likely in the distribution of land or goods from a will, distribution
of slaves, etc. Sometimes the parents felt they could not adequately
represent the best interests of their child and picked someone else to do
this. The person chosen as the guardian ad litem was often referred to as
"my next best friend." Watch the guardian's names as they usually had some
blood tie to the child.
Let's review again the age brackets of these children to whom
guardians were appointed. It will help you determine the age a lot closer
if these terms are used:
INFANT:Anyone from birth and age 14.
OF TENDER AGE:Age 14 to age 21. This is the bracket where the child
could, if desired,
pick his/her own guardian.
What does the form provide? Here is an exact guardian bond that
Kentucky used:
JOHN DOE AND SAM SMITH are held and firmly bound unto the
Commonwealth of Kentucky, in the just and full sum of
$----------------------- Dollars, for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators (those
leaving wills and those dying intestate,skg), jointly, severally and
firmly by these presents; sealed with our seals and dated this ______ day
of ____ 18___.
THE CONDITION of the above OBLIGATION is such, That whereas the above
bound _____(names)___ hath this day been appointed by th County Court of
_______ County, Guardian of
_______________________names_________________, infant orphans of
____name___________
deceased; Now, if the said _________names________ shall well and truly pay
and deliver to the said Orphans, all such estate as is now, or shall
hereafter become due to them, the said Orphans, when they shall have
arrived to the lawful age of twenty one years, to demand the same, or when
thereto required by the County Court of _____County; and that he will
deliver unto the said Court, an inventory upon oath, of all the estate of
the said Orphans which shall come to ___ hands from time to time, and also
shall exhibit unto the said Court once in every year, in the month of
August, or oftener if required, an account of the produce and of the
disbursements and save harmless and indemnify the Justices of the said
Court; now, and in all other things shall perform____ duty according to
law, then the above obligation to be void, or otherwise to remain in full
force and virtue. TESTE: - names - seals.
The county clerk marked through the words or phrases that did not
apply. In this sample, the child's father was definitely deceased and they
are called Infants ... which means up to the age of 14. The Guardian's
reports to the Court are normally on file and were closely monitored for
any failure to invest the money, hire out the slaves, or record rents from
lands which might have been included. Often it was necessary to replace
the Guardians through the years when the original had either died, failed
to perform his duties or chose to resign for some personal reason.
INDENTURES TO APPRENTICESHIP:
An individual, normally a child, was often indentured to another
person. It goes back to the indentured servants who first came to America
and could not pay their own passage. They indentured themselves to someone
of wealth with the promise of working free of charge for them for so many
years. When a child was apprenticed, he was bound to another to learn a
trade, and the terms and length of servitude was always spelled out. The
"master" was to provide the child with schooling, clothing, lodging and
sometimes a wage. The Court was very specific that the education was to
include reading, writing, arithmetic and the "rule of three"
(mathematics). ANY complaint from the master was investigated and ANY
complaint from the child was supposed to be investigated also. At times,
the master did just fine until it was time for the indentureship to expire
and they knew that they had to provide the child with certain goods
(horse, saddle, a new suit of clothes, etc) and he didn't want to. He
would make the child's life so miserable that, in desperation, the child
would run away. Mr Master would then take himself into court and say
"well, I sure enough did the best I could to make a man out of him (or a
fine lady), but look what they up and did. They've run away after all I
did for them." A lot of times the Court officers were pretty savy folks
and saw right through it - but I am sure that many masters got away with
it. Another major complaint of the master was that the girl had up and
gotten herself pregnant and that he felt no further obligation to honor
the apprenticeship.
Why apprenticeship in the first place? It seemed to have fallen into
three categories. (1) Orphaned or only one parent living. The remaining
parent (or sometimes both were living) wanted their child to learn a
specific trade that they had no expertise in. (2) The County forced it. If
a mother had a large brood of children and the neighbors started telling
the courts that the children were unfed, uneducated or trouble makers, the
County Court could haul the mother (or father) into court and demand of
them why they should not make the child a ward of the court to be
apprenticed out. If the parent(s) did not appear to defend themselves, or
if their testimony was considered inadequate, the court could apprentice
them to someone else in the hopes of making a law-abiding, trade-smart
citizen out of them. (3) Illegitimate pregnacies. Many parents literally
hid out their daughters who were pregnant without benefit of a husband
because they knew that if neighbors heard about it, they would be
reported. Many a young lady seemingly spent a few miserable months in
hiding; I don't know what happened after the child was born - presume that
the court did not seek them out then.
What kind of trades did the child learn? The boys had lots of options
(and they most likely worked teriffically hard in doing it!) - farming,
brick laying, plastering, blacksmithing, carpentry - any of the trades
common at the time. The girls? Just one thing - "housewifery."
Presumably, from records I have seen, this apprenticeship was often abused
and was done away with. I am sure there were many decent folks who took
the child into their home and treated them as one of their own ... but
there were many who were beaten, half-starved and worked to death too.
Here is an actual copy of an Indenture to Apprenticeship used by the
State of Kentucky:
INDENTURE TO APPRENTICESHIP. THIS INDENTURE, Made and entered into
this ____ day of ___ 18--, between the Clerk of the County Court of _____
County, of the first part, and _____(name of individual to whom
indentured)____ of the second part, WITNESSETH - That the Clerk of the
said County Court, in obedience to an order made at their _____month___
term 18--, and in conformity to an act of the General Assembly of the
Commonwealth of Kentucky, in such cases made and provided, doth bind out
_____ child's name ____ , a minor, ___ years of age, as an apprentice unto
the said _____master____, till said apprentice shall arrive at age ___
(normally 21) years; and that the said ___master___ on his part does
hereby covenant that the said apprentice shall be taught the art, trade
and business of ______ and also reading, writing, and common arithmetic,
including the Rule of Three; and moreover, to pay the same _____child's
name___ in cash, the sum of $_______ in case, and provide him/her with a
good new suit of clothes, at the termination of his/her apprenticeship;
and the said ___master___ further covenants that said apprentice shall
havae proper medical attention, and shall be well fed and clothed, and
treated with humanity. In TESTIMONY WHEREOF, The Clerk of the County
Court of said County, and have signed this indenture. (name of clerk and
"master.")
The clerk made any necessary additions/corrections/deletions as
required. Some showed the actual birth date of the child, and additional
conditions such as the horse, saddle, bridle, etc. Even Black children
bound out were treated the same way - one I found was learn reading and
writing, no arithmetic or Rule of Three and was also to receive $100 cash.
His sister was to receive $50. Some childen received a bed and bedstead
or some piece of furniture they had used while indentured. I don't know
if the remaining family, from which the chld was being taken, had any
input as to what the child was to learn or receive, or if this was
strictly a court decision.
I hope that this has been helpful to you! Sandi
(c) 31 July 1997, Sandra K Gorin, All rights reserved.
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Sandi Gorin, 205 Clements Ave, Glasgow, KY 42141-3409
(502) 651-9114 -
BARREN CO: http://www.geocities.com/Heartland/Meadows/1798
GORIN GEN PUB: http://members.aol.com/kygen/gorin.htm
KYBIOS WEBSITE: http://www.starbase21.com/kybiog/
KYRESEARCH: http://www.dsenter.com/~jmurphy/lessons/lessons.htm
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